Motorcycle Accident Attorney in Lake Charles, Louisiana
Personal Injury · Spoke
Free 30-minute consultation — (337) 656-3212
I am a personal injury attorney at Colonna Law Firm LLC, 900 Ryan St., Suite 402, Lake Charles, Louisiana 70601. I represent motorcycle accident victims in Lake Charles, Calcasieu Parish, and Southwest Louisiana, handling cases at the 14th Judicial District Court and in state courts throughout the region. I have 17 years of experience fighting for injured clients, including motorcyclists who face insurer bias and inflated fault assignments designed to minimize their recovery. Call (337) 656-3212 for a free 30-minute consultation.
Talk directly with Jacob about your personal injury case — no obligation, no pressure.
You had the right of way. The driver turning left across your lane did not see you — or did not look. In the second it took for that car to cut across the intersection, everything changed.
Now you are dealing with broken bones, road rash, and an insurance adjuster who opened your file with one word already written in the margin: motorcyclist.
I have watched insurance companies handle motorcycle claims in Calcasieu Parish for seventeen years. The bias is not subtle. Adjusters are trained to argue that riders assume risk, that they were speeding, that they were filtering — every percentage point of fault they can shift onto you is money they do not have to pay.
I know the playbook. And I know how to take it apart piece by piece.
What I Know About Motorcycle Cases in Lake Charles
Motorcycle accident cases in this market are won or lost on the fault apportionment argument. The at-fault driver’s insurer will almost always argue that the rider was speeding, lane-splitting, or operating in a way that reduced their own visibility — regardless of what the evidence shows. I build motorcycle cases from the ground up to counter those arguments before they are ever made.
That means getting the physical evidence from the scene before it is disturbed. It means getting witness statements the same day, because neutral witnesses who saw the left-turn collision at Nelson Road and Common Street will remember accurately for about 48 hours. It means getting an accident reconstruction expert in cases where speed is disputed. And it means documenting every injury — including the ones that do not show up on the first ER visit.
Louisiana’s helmet law matters in these cases and I know how to handle it. If you were not wearing a helmet, I know how to limit that argument to the specific head injuries at issue and prevent it from infecting the rest of your claim.
If you haven’t already spoken to an attorney, you’re already behind. Contact Colonna Law Firm now.
What Makes Motorcycle Accident Claims Different in Louisiana?
Motorcycle accident claims in Louisiana involve several legal and factual considerations that do not arise in standard car accident cases:
- Insurer bias — insurance companies statistically assign higher fault percentages to motorcyclists than the facts warrant, even when the other driver clearly caused the crash
- Helmet law impact — Louisiana requires all motorcycle operators and passengers to wear helmets under La. R.S. 32:190. Whether a rider was wearing a helmet at the time of the crash can affect the damages analysis in a serious injury case
- Comparative fault arguments — under Louisiana’s pure comparative fault rule, the insurer will aggressively argue that the motorcyclist was at least partially responsible, which reduces the recovery proportionally
- Severity of injuries — motorcycle accidents almost always produce more serious physical injuries than car accidents at comparable speeds, which means medical expenses and long-term care costs are higher
- Underinsured drivers — Louisiana has a high rate of underinsured drivers, and minimum liability policies are often insufficient to cover the full cost of a serious motorcycle injury
Does Louisiana’s Helmet Law Affect Your Motorcycle Accident Claim?
Louisiana law requires all motorcycle riders and passengers to wear helmets, regardless of age. Under La. R.S. 32:190, failure to wear a helmet is a traffic violation. In a personal injury claim, the defense may argue that a rider who was not wearing a helmet contributed to the severity of their head injuries and should have their damages reduced under comparative fault principles.
However, the fact that a rider was not wearing a helmet does not eliminate the at-fault driver’s liability for causing the accident. It is a factor that may affect the damages calculation for certain head injuries specifically — it does not reduce compensation for other injuries, property damage, or losses unrelated to head trauma. Understanding how helmet use is treated in Louisiana courts is an important part of building a motorcycle accident case.
What Are the Most Common Causes of Motorcycle Accidents in Lake Charles?
- Left-turn collisions — the most common type of motorcycle crash, where a car turning left fails to see an oncoming motorcycle
- Lane changes without checking blind spots — motorcycles are smaller and easier to miss, especially around commercial trucks
- Rear-end collisions — a car following too closely and hitting a motorcycle that slows or stops
- Intersection accidents — drivers running red lights or stop signs, not yielding to a motorcycle with the right of way
- Road hazards — potholes, gravel, uneven pavement, and debris that are minor inconveniences for cars but can cause a motorcycle to crash
- Door collisions — a car driver opening their door without checking for approaching motorcycles
- DWI — impaired drivers who fail to react to a motorcycle in their path
What Compensation Can Motorcycle Accident Victims Recover in Louisiana?
Motorcyclists who are injured through the fault of another driver can pursue the same types of compensation available in any personal injury case under Louisiana law:
- Medical expenses — emergency room care, hospitalization, surgery, physical therapy, and future treatment
- Lost wages and loss of earning capacity
- Pain and suffering
- Mental anguish — including PTSD and anxiety following a traumatic crash
- Permanent disfigurement or scarring — road rash injuries frequently leave permanent scars
- Loss of enjoyment of life — particularly significant if injuries prevent a rider from ever returning to motorcycling
- Property damage — motorcycle repair or replacement
- Loss of consortium — for spouses
Why Hire a Lake Charles Motorcycle Accident Attorney?
The insurance company that represents the at-fault driver will begin building its case from the moment the accident is reported. Adjusters are trained to gather statements, collect evidence, and construct a narrative that limits the insurer’s exposure — often by placing as much fault as possible on the motorcyclist. Having an attorney from the start means someone is on your side from the moment evidence is gathered, witness statements are collected, and the legal theory of your case begins to take shape. Jacob Colonna handles all communications with the insurance company, allowing you to focus on your recovery while he fights for the full compensation you deserve.
Frequently Asked Questions
How does Louisiana’s pure comparative fault rule affect a motorcycle accident claim?
Under Louisiana Civil Code Article 2323, fault is apportioned among all parties who contributed to an accident. If you are found 20% at fault for a motorcycle crash and the other driver is 80% at fault, you recover 80% of your total damages. Insurance companies routinely argue that motorcyclists bear a higher percentage of fault than the facts support — citing speed, lane position, or visibility. An attorney can counter these arguments with accident reconstruction, witness testimony, and traffic law analysis to establish the true fault apportionment.
Can I recover if I was not wearing a helmet at the time of the accident?
Yes, you can still recover compensation even if you were not wearing a helmet at the time of the accident in Louisiana. However, the defense may argue that your failure to wear a helmet contributed to the severity of specific head injuries, potentially reducing the damages attributable to those injuries under comparative fault principles. This argument does not apply to injuries unrelated to head trauma. The extent of any reduction depends on the specific facts of your case and the injuries involved.
What should I do if the other driver’s insurance company blames me for the motorcycle accident?
Do not accept or acknowledge any fault to the insurance adjuster. Insurance companies frequently attempt to assign inflated fault percentages to motorcyclists because it reduces their payout. You should avoid giving recorded statements to the other driver’s insurer without an attorney present. Jacob Colonna can handle all communications with the insurance company, present evidence of the other driver’s negligence, and negotiate a fault apportionment that accurately reflects what happened.
How long do I have to file a motorcycle accident lawsuit in Louisiana?
For motorcycle accidents occurring on or after July 1, 2024, you have two years from the date of the accident to file a personal injury lawsuit. For accidents before that date, the one-year prescriptive period applies. Because motorcycle injuries are often severe and treatment extends over a long period, it is easy to lose track of the deadline while focused on recovery. An attorney will track this deadline and ensure your claim is filed on time.
How does the insurance industry’s bias against motorcyclists actually show up in a claim — specifically?
It shows up in three concrete ways. First, in the initial fault assessment — adjusters routinely assign 20-30% comparative fault to motorcyclists in cases where the evidence would assign zero fault if the vehicle had been a car. They use language like ‘lane positioning’ and ‘conspicuity’ as proxies for fault without factual support. Second, in the damages evaluation — adjusters frequently apply a discount to motorcycle injury claims by arguing that the rider assumed inherent risk, which is not a recognized legal defense in Louisiana but functions as a negotiating anchor. Third, in the medical review process — insurers send motorcycle injury claims to independent medical examiners who produce opinions minimizing injury severity at rates far above what the peer-reviewed literature on motorcycle trauma supports.
What is a left-turn collision and why does it produce the most disputed motorcycle accident claims?
A left-turn collision occurs when a vehicle turning left at an intersection crosses the path of an oncoming motorcycle. It is the most common type of motorcycle crash and the most frequently litigated because the defense almost always argues the motorcyclist was traveling too fast to be seen or avoided. The driver making the left turn has a statutory duty to yield to oncoming traffic under La. R.S. 32:122 before completing the turn. A driver who failed to yield is presumptively at fault. The question is whether the insurer can successfully argue the motorcyclist’s speed or lane position contributed to the accident. Physical evidence — skid marks, impact points, and sight line analysis — is the primary tool for defeating these arguments.
Can I recover for PTSD and psychological injuries after a motorcycle accident in Louisiana?
Yes. Mental anguish and psychological injuries are recoverable as general damages in Louisiana personal injury cases under Civil Code Article 2315. PTSD following a traumatic motorcycle crash is a recognized medical condition with established diagnostic criteria under DSM-5, and it is compensable when documented by a treating mental health professional. The practical challenge is documentation — insurers contest psychological injury claims more aggressively than physical injury claims because the injuries are not visible on imaging. A treating psychiatrist or psychologist who can document the diagnosis, the causal connection to the crash, and the treatment plan creates the evidentiary foundation that makes these claims defensible at trial.
What is the difference between a motorcyclist’s recovery in a left-turn case versus a rear-end case?
The fault analysis is fundamentally different. In a left-turn collision, the primary legal question is whether the turning driver yielded as required under La. R.S. 32:122, and the defense will attempt to argue the motorcyclist’s speed as comparative fault. In a rear-end collision, Louisiana courts apply a presumption of negligence against the following driver — a driver who rear-ends another vehicle is presumed to have been following too closely or inattentive, and the burden shifts to the defense to rebut that presumption. Rear-end motorcycle cases are easier to establish on liability because of this presumption, though the damages analysis is equally complex. The strategic approach — what evidence to prioritize, how to frame the fault argument, what expert testimony to retain — differs significantly between the two case types.
Have a personal injury matter in Lake Charles? Colonna Law Firm, LLC offers a free 30-minute consultation.
📞 (337) 656-3212 🌐 www.colonnalawfirm.com 📍 900 Ryan Street, Suite 402 | Lake Charles, LA 70601
Jacob Colonna is a personal injury attorney in Lake Charles, Louisiana with 17 years of experience at the 14th Judicial District Court. He serves clients in Calcasieu, Beauregard, Jefferson Davis, and Allen Parishes with injury cases. Jacob Colonna is a trial attorney with extensive courtroom experience across all stages of Louisiana family law proceedings — from the initial injury through trials and appeals.
Last Reviewed: June 2026 | Content reviewed by Jacob Colonna, Attorney at Law
Our Lake Charles Office
Located at 900 Ryan Street, Suite 402, in downtown Lake Charles.
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